On 16 December 2024, the Full Court of the Federal Court dismissed Hitachi's appeal in Hitachi Construction Machinery (Australia) Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2024] FCAFC 166.
The court determined the relevant employees were eligible for the black coal mining industry's portable long service leave scheme (Coal LSL Scheme).
This decision provides further clarity to industry on which employees are covered by the Coal LSL Scheme, administered by the Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL).
The Australian Government acknowledges that this decision may impact a number of employers who may be liable to meet obligations under the Coal LSL Scheme, including the payment of levies. I confirm that the Government is working closely with the Coal LSL Corporation and industry representatives to consider options for providing support to employers impacted by the Hitachi decision.
We are committed to maintaining a fair and balanced approach to supporting employers impacted by the Hitachi decision to meet their obligations under the Coal LSL Scheme while managing their financial viability.
